Legislator Case Law & Legislation
I PKN 588/98 AI generated

Supreme Court dismisses collective agreement clause exempting employer from severance pay if union agrees to termination.

Case Number I PKN 588/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially overturned the appellate court's decision regarding an employee's claim for severance pay after termination. The lower court had ruled that a collective agreement between the employer and unions waived the statutory right to severance if the union agreed to the dismissal, regardless of the reason. The Supreme Court held that such a contractual clause violated the Labor Code by removing the employer's mandatory obligation to provide a valid reason for termination and thus failed to grant the severance pay requested.

Legislator headnote

AI generated

Art. 9 § 1 KP; Art. 38 § 1, § 2 KP; Art. 45 KP; Art. 471 § 1, § 3 KP; Art. 393 § 1 KPC: A collective agreement cannot validly exclude the statutory requirement for an employer to provide a justified reason for terminating an indefinite-term employment contract, nor can it waive the employee's right to severance pay based solely on union consent.

Keywords

AI generated
collective agreement validity termination without cause severance pay entitlement union consent effect Labor Code provisions indefinite term contract justified reason requirement

Cited Legislation

AI generated
Art. 9 § 1 KP
Art. 38 § 1 KP
Art. 38 § 2 KP
Art. 45 KP
Art. 471 § 1, § 3 KP
Art. 393 § 1 KPC

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